[Federal Register Volume 79, Number 226 (Monday, November 24, 2014)]
[Notices]
[Pages 69886-69888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27796]


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NUCLEAR REGULATORY COMMISSION

[NRC-2014-0235; EA-14-181]


In the Matter of CB&I AREVA MOX Services, LLC

AGENCY: Nuclear Regulatory Commission.

ACTION: Order; extension of construction authorization completion date 
and administrative changes.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
Order for CB&I AREVA MOX Services (MOX Services, Licensee) (formerly 
known as Shaw AREVA MOX Services, LLC). The Licensee holds Construction 
Authorization (CA) CAMOX-001 which authorizes the construction of a 
Mixed Oxide Fuel Fabrication Facility (MFFF) at the U.S. Department of 
Energy (DOE) Savannah River Site in Aiken, South Carolina. The MFFF is 
currently partially completed.

DATES: Effective Date: November 13, 2014.

ADDRESSES: Please refer to Docket ID NRC-2014-0235 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this action by the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0235. Address 
questions about NRC dockets to Carol Gallagher; telephone 301-287-3422; 
email: [email protected]. For questions about this Order, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents and Access Management System 
(ADAMS): You may obtain publicly available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at 1-200-397-4209, 301-415-
4737, or by email to [email protected]. The ADAMS accession number 
for each document referenced in this document (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced.
     NRC's PDR: You may examine and purchase copies of public 
documents at NRC's PDR, Room 01-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: David Tiktinsky, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-287-9155; email: 
[email protected].

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Rockville, Maryland, this 18th day of November 2014.

    For the Nuclear Regulatory Commission.
Merritt Baker,
Acting Branch Chief, Fuel Manufacturing Branch, Division of Fuel Cycle 
Safety, Safeguards, and Environmental Review, Office of Nuclear 
Material Safety and Safeguards.

    In the Matter of: SHAW AREVA MOX SERVICES, LLC (Mixed Oxide Fuel 
Fabrication Facility), Docket No. 70-3098, Construction 
Authorization No. CAMOX-001 EA-14-181 Order Approving Extension of 
Construction Authorization and Administrative Changes

I.

    CB&I AREVA MOX Services (MOX Services, Licensee) (formerly known as 
Shaw AREVA MOX Services, LLC) holds Construction Authorization (CA) 
CAMOX-001 which authorizes the construction of a Mixed Oxide Fuel 
Fabrication Facility (MFFF) at the U.S. Department of Energy (DOE) 
Savannah River Site in Aiken, South Carolina. The MFFF is currently 
partially completed.
    On May 12, 2014 (Agencywide Documents Access and Management System 
[ADAMS] Accession No. ML14132A342), MOX Services filed a request for an 
extension of the CA completion date for the MFFF to March 30, 2025. MOX 
Services stated in its application that the extension is necessary to 
provide adequate time to complete construction of the MFFF. The 
construction authorization for the MFFF was originally issued on March 
30, 2005, for a term of 10 years. MOX Services also stated in their May 
12, 2014, request that various factors have contributed to the need for 
an extension of the CA. The factors include: (a) The MFFF is unique and 
is the first facility of this type to be licensed in the United States 
under Title 10 of the Code of Federal Regulations (10 CFR) Part 70; (b) 
annual funding/appropriations supporting construction activities have 
been less that the projected funding profile for several years; (c) 
requirements of nuclear procurements coupled with a shortage of 
qualified vendors have resulted in delayed delivery of components; (d) 
a shortage of qualified construction workers has resulted in longer 
durations for key construction activities, and (e) a 2-year delay 
between issuance of the CA and the start of nuclear construction.
    In May 2014, MOX Services determined that, in order to bound the 
potential completion date of the facility with respect to the 
dependence of annual congressional funding, the CA's term should be 
extended to March 30, 2025.
    In addition, the staff has made two administrative changes to the 
CA. The first change is a name change based on a letter from MOX 
Services dated August 15, 2014 (ML14227A556). The second change is a 
housekeeping amendment consisting of the removal of the list of 
submittals incorporated by reference in Attachment A of the CA, which 
have since been incorporated into the CA, environmental report, and the 
license application to possess and use radioactive material.

[[Page 69887]]

II.

    The U.S. Nuclear Regulatory Commission (NRC) reviewed the request 
dated May 12, 2014, for an extension of time for the CA. MOX Services 
has demonstrated ``good cause'' for an extension to the CA because: (a) 
The proposed extension will not expand the scope of any work to be 
performed that is not already allowed by the existing construction 
authorization; (b) the licensee's factors for needing an extension to 
the CA were beyond their control and are logical; (c) the time 
requested is reasonable based on the uncertainty of funding for 
construction. The extension will grant the MOX Services or licensee 
additional time to complete construction in accordance with the 
previously approved CA. The requested extension does not impact the 
staffs' previous finding that the design basis of the Principal 
Structures, Systems and Components and the quality assurance program 
provide reasonable assurance against natural phenomena and the 
consequences of potential accidents as stated in the Revision 0 of the 
CA. The staff has also made two administrative changes to the CA. The 
first change is a name change based on a letter from MOX Services dated 
August 15, 2014 (ML14227A556). The name change does not reflect any 
change of direct or indirect control of the company or any other change 
in management, operation or security. The name of the company will now 
be known as CB&I AREVA MOX Services instead of Shaw AREVA MOX Services. 
The second change consists of the removal of the list of submittals 
incorporated by reference in Attachment A of the CA. This change is 
being made as a housekeeping item to avoid any potential confusion 
regarding commitments in the CA. All of the commitments, 
representations and statements made in the referenced documents were 
incorporated into the construction authorization request, environmental 
report, and the license application to possess and use radioactive 
material. Therefore, the conditions in Sections 3A and 3C of the CA 
supersede the references included in Attachment A, and the attachment 
is no longer needed. The attachment to the CA has therefore been 
deleted.
    The NRC staff has prepared an environmental assessment for the CA 
extension and made a finding of no significant impact, which was 
published in the Federal Register on October 23, 2014 (79 FR 63442). 
The NRC staff previously evaluated the environmental impacts of 
construction and operation of this facility. In January 2005, the NRC 
staff issued NUREG-1767, ``Final Environmental Impact Statement on the 
Construction and Operation of a Proposed Mixed Oxide Fuel Fabrication 
Facility at the Savannah River Site, South Carolina (Vol. 1: 
ML050240233; Vol. 2: ML050240250) (FEIS). The FEIS stated that after 
weighing the costs and benefits of the proposed action and comparing 
alternatives, the staff concluded that (a) the applicable environmental 
requirements set forth in FEIS Chapter 6, and (b) the proposed 
mitigation measures discussed in FEIS Chapter 5, would eliminate or 
substantially lessen any potential environmental impacts associated 
with the proposed action. The staff also concluded that the overall 
benefits of the proposed MOX facility outweigh its disadvantages and 
costs. The NRC staff determined that extending the construction 
completion date will not have significant effect on the quality of the 
human environment and therefore, an environmental impact statement for 
the proposed action would not be prepared.
    For further details regarding this action, see MOX Service's letter 
dated May 12, 2014, and the NRC staff's letter and safety evaluation 
report (ADAMS Accession No. ML14225A705).

III.

    In accordance with 10 CFR 2.202, the Licensee, and any other person 
adversely affected by this Order, may submit an answer to this Order 
within twenty (20) days of its publication in the Federal Register. In 
addition, the Licensee and any other person adversely affected by this 
Order may request a hearing of this Order within twenty (20) days of 
its publication in the Federal Register. Where good cause is shown, 
consideration will be given to extending the time to request a hearing. 
A request for extension of time must be made, in writing, to the 
Director, Office of Nuclear Material Safety and Safeguards, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, and include a 
statement of good cause for the extension.
    The answer may consent to this Order. If an answer includes a 
request for a hearing, it shall, under oath or affirmation, 
specifically set forth the matters of fact and law on which the 
Licensee, or other adversely affected person, relies and the reasons as 
to why the Order should not have been issued. If a person other than 
the Certificate Holder requests a hearing, that person shall set forth 
with particularity the manner in which his interest is adversely 
affected by this Order and shall address the criteria set forth in 10 
CFR 2.309(d). The scope of a CA extension proceeding is limited to 
direct challenges to the CA holder's asserted reasons that show ``good 
cause'' justification for the delay.
    If a hearing is requested by a Certificate Holder or a person whose 
interest is adversely affected, the Commission will issue an Order 
designating the time and place of any hearings. If a hearing is held, 
the issue to be considered at such hearing shall be whether this Order 
should be sustained. In the absence of any request for hearing, or any 
written approval of an extension of time in which to request a hearing, 
the provisions of this Order shall be final 20 days from the date this 
Order is published in the Federal Register without further order or 
proceedings. If an extension of time for requesting a hearing has been 
approved, the provisions specified in this Order shall be final when 
the extension expires if a hearing request has not been received.

IV.

    Described in 10 CFR 2.302 are the requirements for filing of 
documents. All documents filed in NRC adjudicatory proceedings, 
including a request for hearing, a petition for leave to intervene, any 
motion or other document filed in the proceeding prior to the 
submission of a request for hearing or petition to intervene, and 
documents filed by interested governmental entities participating under 
10 CFR 2.315(c), must be filed in accordance with the NRC E-Filing rule 
(72 FR 49139, August 28, 2007). The E-Filing process requires 
participants to submit and serve all adjudicatory documents over the 
internet, or in some cases to mail copies on electronic storage media. 
Participants may not submit paper copies of their filings unless they 
seek an exemption in accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at [email protected], or by 
telephone at 301-415-1677, to request (1) a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a request or 
petition for hearing (even in instances in which the participant, or 
its counsel or representative, already holds an NRC-

[[Page 69888]]

issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the agency's public Web 
site at http://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC's 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format in accordance with NRC guidance available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's Office of the General Counsel and any 
others who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC's public 
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to 
[email protected], or by a toll-free call at 866-672-7640. The NRC 
Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern 
Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial filing requesting 
authorization to continue to use alternate format and transmission of 
documents. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemakings and Adjudications Staff, or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, 16th Floor, 
One White Flint North, 11555 Rockville Pike, Rockville, MD 20852, 
Attention: Rulemakings and Adjudications Staff. Participants filing a 
document in this manner are responsible for serving the document on all 
other participants. Filing is considered complete by first-class mail 
as of the time of deposit in the mail, or by courier, express mail, or 
expedited delivery service upon depositing the document with the 
provider of the service. A presiding officer, having granted an 
exemption request from using E-Filing, may require a participant or 
party to use E-Filing if the presiding officer subsequently determines 
that the reason for granting the exemption from use of E-Filing no 
longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. With 
respect to copyrighted works, except for limited excerpts that serve 
the purpose of the adjudicatory filings and would constitute a Fair Use 
application, participants are requested not to include copyrighted 
materials in their submission.

V.

    Copies of the application to extend the expiration date in the CA 
for the MFFF are available for public inspection at the NRC's PDR, 
located at One White Flint North, Room O1-F21, 11555 Rockville Pike 
(first floor), Rockville, MD 20852. The application may be accessed in 
ADAMS through the NRC Library at http://www.nrc.gov/reading-rm/adams.html under ADAMS Accession No. ML14132A342. Persons who do not 
have access to ADAMS or who encounter problems in accessing the 
documents located in ADAMS, should contact the NRC's PDR reference 
staff by telephone at 1-800-397-4209, or 301-415-4737, or by email to 
[email protected].

VI.

    IT IS HEREBY ORDERED THAT the completion date for CA No. CAMOX-001 
is extended from March 30, 2015, to March 30, 2025, the company name is 
changed to CB&I AREVA MOX Services, and Attachment A of the CA has been 
deleted.


    Dated at Rockville, Maryland, this 13th day of November 2014.

    For the Nuclear Regulatory Commission.

Catherine Haney,
Director, Office of Nuclear Material Safety and Safeguards.

[FR Doc. 2014-27796 Filed 11-21-14; 8:45 am]
BILLING CODE 7590-01-P